good morning, my son is in the US Army, his wife is currently and many times in the past been in treatment for addiction in many countries. Most likely this marriage is over due to what she has put this little family though. At the present I have power of attorney of my minor grandson due to son's deployment. I have in the past been able to receive a leave from my employment, this time it wasn't granted. I had to leave my job and home travel to a different state to care for this minor child. My question is can the mother file for custody while son is deployed? Should he begin the process of gaining custody himself? Basically what are his rights and the next step for us. thank you!! gma
1 Answer from Attorneys
You have left out too much to provide adequate advice. I do not know what rights a power of attorney gave you over the mother. I will assume you meant temporary guardianship. The mother would not file for custody, she would file for divorce with a request for custody in the divorce, or file to terminate the guardianship. In any event, there are rules in place to protect deployed servicemen. I suggest you take the time to speak with a family law attorney.